anticipatory bail

Bail laws in India are very complicated as the bail to any accused person is at the discretion of the court which considers the facts of the case, the conduct of the accused, the background of the accused, the law, and several other related factors. Since the facts of each case are different, it is not very easy to predict the outcome of any bail application. The role of an expert bail lawyer who is well versed with all technicalities plays an important role. The role of a lawyer in getting bail from the court becomes very important as the accused can be confined to judicial custody if the case is not properly presented and contested before the court by a competent lawyer.

Bail laws in India are described under Section 437, 438, 439 of Code of Criminal Procedure, 1973. A brief description of the aforesaid sections is given hereunder for ready reference:

Section 437 of Code of Criminal Procedure, 1973 contemplates that any person arrested or detained in a non-bail able offense, the court other than sessions court may grant him bail.

438 of Code of Criminal Procedure, 1973 contemplates that the session court or the High Court may grant anticipatory bail to a person apprehending arrest. Section 439 of the Code of Criminal Procedure, 1973 contemplates that the sessions court or the high court can grant bail to a person who has been arrested.

Filing of anticipatory bail application before the Sessions Court

1. The bail application is signed by the accused.
2. Power of Attorney or vakalatnama is filed along with.
3. Proper court fees on anticipatory bail application well as on the power of attorney is affixed.
4. It is should be clearly mentioned whether it is the first application or any other application if filed earlier, the copies of the orders of the earlier application along with the copies of the earlier application be also filed.
5. Copy of FIR is filed along with the application for bail.
6. All relevant documents are filed along with the bail application before the sessions court.
7. Affidavit in support is also filed.

Filing of anticipatory bail before High Court

1. The bail application is signed by the accused.
2. Affidavit in support is also filed along with.
3. Power of Attorney or vakalatnama is filed along with.
4. Proper court fees on anticipatory bail application as well as on PoA is affixed.
5. Copy of FIR be filed along with a true type and translated copy of the FIR if the same is in vernacular.
6. All relevant documents be filed along with the anticipatory bail application before the sessions court.
7. The anticipatory application must mention about non filing of any other bail application before any other court.
8. Copy of the bail order of the sessions court be filed along with the anticipatory bail format India before the High Court.
9. Copy of the relevant documents and the documents filed before the Sessions court be filed.
10. If the charge sheet has been filed then the copies of the same need to be attached.